Violation of Probation Defense Attorney
The Defense Team with LEWIS & DICKSTEIN, P.L.L.C., has an unparalleled track record for successfully defending clients accused of probation violations. When it seems like there is no hope, we will find a way to help you.
Probation Violations Are Defensible With The Right Attorney
Many probation violation defense lawyers think that probation violations are impossible to win and do not even try to defend their clients. While some probation violations are difficult to defend, a zealous lawyer can mitigate against a harsh sentence or seek dismissal of probation violation charges. The probation violation defense attorneys at LEWIS & DICKSTEIN, P.L.L.C. have represented people facing misdemeanor and felony probation violations in state and federal court. We have a remarkable track record of success.
Judges and prosecutors consider probation to be a privilege in Michigan. Some judges do take it personally when a person allegedly violates their probation. A probationary period is technically a court order, so many judges will consider a violation of probation to be considered contempt of court. The sentence for a probation violation can be the term of incarceration for the original offense. A sentence for a probation violation depends on many things. It is wise to have the best legal representation available to help you if you want to avoid jail, prison, or other potential consequences.
What is a Probation Violation?
A person can violate probation in any number of ways. A violation is merely doing (or not doing) something that a person was ordered to do or not do. A minor violation can include being late for a drug/alcohol test or missing a probation appointment. A significant violation can involve picking up a new charge or disappearing for months/years. The potential penalty often depends on the seriousness of the violation and whether it was a first violation or one of many violations.
Potential Penalties for Probation Violations
There can be any number of possible penalties depending on the magnitude of the violation and the defendant’s previous history while on probation. In the worst-case scenario, the maximum sentence for a violation of probation is the same as the original charge’s maximum sentence. A best-case scenario is a dismissal of the violation, a warning from the court, or merely an extension of probation.
The inexperienced or bargain attorney will likely use a “cookie-cutter” argument that the violation is isolated and will not happen again. They will keep their fingers crossed that the judge will agree or be lenient on sentencing. The experienced probation violation attorneys with LEWIS & DICKSTEIN, P.L.L.C. seek to get to know you, the nature of the alleged violation and why it happened, take positive steps to develop a defense with supporting evidence that (1) it did not occur, (2) it did not happen the way the probation officer claims or (3) it is not as severe as the probation officer claims.
Our attorneys have access to expert witnesses (in all areas that might be needed – such as substance abuse, addiction, and mental health) that can help evaluate the situation and assist in preparing a defense or mitigating a potential sentence.
Probation Violation Hearings
If you face a probation violation, you have a right to a hearing. The probation department must prove the violation by a preponderance of the evidence. A preponderance of the evidence means that more likely than not, the violation occurred. Therefore, if the evidence on both sides is equally believable, then the defendant wins. You may decide that you do not want to have a hearing. Under both circumstances, you need to have the best lawyers possible – either to argue your defense before the judge or to argue the reasons for the violation and lessen the potential penalties.
The Probation Violation Attorney You Choose Is Important.
The choice of your attorney on a probation violation could mean the difference between incarceration and freedom. To protect yourself, it is best to have the attorneys with the most experience and the most exceptional reputation for success. LEWIS & DICKSTEIN, P.L.L.C. is the elite law firm for probation violations. Our attorneys have represented people on probation violations for decades with an unparalleled level of success. They are creative thinkers who take each new case as an opportunity to keep someone from being abused by the criminal justice system. Prosecutors, probation officers, and judges know to take our attorneys seriously and that we will do whatever it takes to achieve the best possible outcome taken seriously.
Call us today at (248) 263-6800 for a free consultation or complete an online Request for Assistance Form. We will contact you promptly and find a way to help you.